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(영문) 서울남부지방법원 2016.11.11 2016가합609
통행 및 사용방해금지 등
Text

1. The defendant

(a) Appendix B 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 1, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10, 11, 9

Reasons

1. Facts of recognition;

A. The representative committee of the Dong Management Body B 102 (hereinafter “102 representative committee”) is the building of this case in Yangcheon-gu Seoul Metropolitan Government B (hereinafter “the building of this case”).

) An organization consisting of 102 sectional owners (the president is D).

The plaintiff, the designated parties D, E, and F are divided owners of the above 102 units. The defendant is the council of occupants' representatives of the building of this case 101 units and 103 units of the building of this case. (B) The structure and use status of the building of this case is the 6th underground floor and the 69th floor unit of the ground, but the building of this case is the 1st unit of the register. However, if the building of this case is excluded from the low-rise (the 6th to 8th floor) where department stores, parking lots, convenience facilities, etc. are located, 2 units of the apartment buildings of residential facilities of 9 units and 102 units of residential officetels (101 units, 103 units).

Among the 101 Dong, 102 Dong and 103 Dong, each sectional owner's section of exclusive ownership is at least 10 floors, and it is possible to pass between 101 Dong, 102 Dong and 103 Dong through a park created on the rooftop of the 9th floor building (which is the height of the 9th floor and the rooftop of the 8th floor).

2 Attached Form 2 1, among the instant buildings

2. The part (A) connecting each point of 3, 4, 5, 6, 7, 8, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 11 in turn (hereinafter “the part (a) of the instant case”) is on 9 floors 101, and there have been convenience facilities such as management office, reading office, room room, and room room which manage the entire building of the instant case, and all occupants of the instant building have used the said convenience facilities from the time of installation.

3) Of the instant building, the part (B) (hereinafter “the part (B) of the instant building that connects each point of the annexed drawings Nos. 1, 2, 3, 4, and 1 to each point of the annexed drawings No. 3 (hereinafter “instant building”).

(4) Of the instant building, the part (c) in the ship connecting each point in the table No. 1, No. 2, 3, 4, and 1 of Appendix No. 4 (hereinafter “the part (c)”) among the buildings of this case (hereinafter “the instant part”) is 102 Dong.

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